Return to main Utah Constitution page.
Legislative action that proposed this amendment: SJR1 1965 Regular Session
Disposition: Voters rejected this proposed amendment.
Enacts article 25 section 1,2,3,4,5,6,7,8
The residents of a county with a resident population of not fewer than 75,000 as determined by the last national or state census are empowered to establish a metropolitan region of provide for the government thereof, subject only to the limitations of this article.
Notwithstanding any other provisions of the constitution of this state, a metropolitan government created in accordance with the procedure outlined herein may assume or transfer powers and functions of existing governmental units, provide for revenue to support a metropolitan government created in accordance with the procedure outlined herein may assume or transfer powers and functions of existing governmental units, provide for revenue to support a metropolitan government, assume indebtedness of existing governmental units, transfer official records, funds and other property and assets, and provide for all matters necessary or incidental to the effectuation of the foregoing provisions.
Whenever the residents of a metropolitan region desire to create a metropolitan government, a petition to do so may be filed naming the metropolitan region and describing the boundaries thereof. Such petition shall be signed by qualified electors equal to ten percent or more of the votes cast at the next preceding general election within the proposed metropolitan region and shall be filed in the office of the secretary of state, at least six months prior to the next general election.
The secretary of state shall forthwith publish notice of the filing of the petition, naming the metropolitan region and setting forth the boundaries thereof as described in the petition. The notice shall be published once a week for six consecutive weeks in a newspaper having a general circulation and published in the county containing land proposed to be included in the metropolitan region, and the secretary of state shall transmit a certified copy of the petition to the county clerk of the county concerned. The matter shall be placed before the registered voters residing in the metropolitan region upon a ballot reading substantially, "Should a metropolitan type of government be created? Yes ( ) or No ( )," at the next general election held regularly after the filing of the petition.
At the time the voters residing within the metropolitan region vote to approve or reject the metropolitan type of local government at a general election, they shall also vote for fifteen persons to be members of a charter commission to prepare a plan of metropolitan government. Candidates shall be qualified electors residing within the proposed metropolitan region, who shall be nominated by petition signed, with their respective addresses, by no fewer than fifty registered voters residing within the proposed region. Said petition shall be filed with the secretary of state at least sixty days prior to the general election. If a majority of the electors voting upon the question vote in the affirmative, the fifteen candidates receiving the highest number of votes cast ay such election shall constitute the charter commission. The ballot for a charter commission shall not contain any party designation.
If a metropolitan type of government is approved, the charter commission shall, within one month after being elected, on a day and time to be set by the secretary of state, meet and organize in the metropolitan region and proceed to frame a charter setting forth a plan of government for the metropolitan region. The expenses of the charter commission shall be advanced by the state and the state shall be repaid by the metropolitan region within five years. Charter commissioners shall be allowed no pay for their services, but shall be allowed necessary expenses by the board of examiners.
The charter so framed shall be filed with the secretary of state by the charter commission and then submitted to the qualified electors of the metropolitan region at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent to its completion and not more than one year from such date. Alternative provisions may be voted upon separately. Notice as to the manner of obtaining free copies of the proposed charter and its alternatives, certified by the chairman of the charter commission, shall be published in the manner provided for notice of petition in section 4. Such proposed charter and alternative provisions approved by a majority of the electors voting thereon shall become the organic law of the metropolitan region at a time to be fixed therein, and shall supersede any existing charters. The government created thereby may supersede any existing forms of government included in the metropolitan region if so provided in the charter. Adoption of the charter shall not invalidate existing laws and ordinances not in conflict therewith. The metropolitan government shall have the power to amend, repeal, or replace the ordinances of such superseded governmental units. Within thirty days after approval of the charter, duplicate copies thereof, certified by the charter commission chairman, shall be filed in the office of the secretary of state, who shall deliver one copy thereof to the officer of the metropolitan region designated by the charter after said officer qualifies. The charter may subsequently be amended or changed in the manner provided in the Section 5 of Article XI of the Constitution.
The metropolitan region government shall be a body political and corporate and have all rights, powers, jurisdictions and authority now exercised by towns, cities, counties and all special purpose districts. Such metropolitan region government can sue and be sued, subject to limitation, conditions and procedure established by the legislature and the rule of procedure promulgated by the supreme court pertaining to municipal corporations. The charter of each metropolitan region shall designate the officer who may be served as process agent.